Allowed

On the Death of Lili Goswami Her Legal Heirs Sri Dipankar Goswami and Ors. v. the Cement Corporation of India and Ors.

Gauhati HC16 Jul 2026I.A.(Civil)/1652/2026

Case brief

AI extract

What is this about?

Interlocutory application seeking substitution of the sole petitioner who died during pendency of a connected writ petition against Cement Corporation of India and EPF Organisation. Court found the right to sue survived, allowed substitution by her three legal heirs, and directed filing of an amended cause title.

What did the court decide?

Legal heirs substituted as petitioners in the connected writ petition; amended cause title to be filed within one week.

On the Death of Lili Goswami Her Legal Heirs… — Civil Procedure and Limitation | Gauhati HC (2026)

Page No.# 1/5

GAHC010057362026

2026:GAU-AS:9793

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : I.A.(Civil)/1652/2026

¶6

ON THE DEATH OF LILI GOSWAMI HER LEGAL HEIRS SRI DIPANKAR GOSWAMI AND ORS

¶7

S/O LATE PRAFULLA GOSWAMI,RESIDENT OF VILLAGE MOHMAIKI GAON (PART 1) , PO BOKAKHAT, PS BOKAGHAT, DIST GOLAGHAT, ASSAM, 785612

¶8

2: GITU GOSWAMI DEVI @ GITU DEVI D/O LATE PRAFULLA GOSWAMI

¶9

W/O RAMESH SARMA RESIDENT OF VILLAGE MOHMAIKI GAON (PART 1) PO BOKAKHAT PS BOKAGHAT DIST GOLAGHAT ASSAM 785612

¶10

3: SMTI RITUMANI GOSWAMI

¶11

D/O LATE PRAFULA GOSWAMI W/O ACHINTA KUMAR GOSWAMI RESIDENT OF VILLAGE GOLAGHAT WARD NO. 1 ARENGA PARA PO GOLAGHAT PS GOLAGHAT DIST GOLAGHAT ASSAM 78562

¶12

VERSUS

¶13

THE CEMENT CORPORATION OF INDIA AND ORS

¶14

( A GOVERNMENT OF INDIA ENTERPRISE), CEMENT CORPORATION OF INDIA LTD., CORE-5, SCOPE COMPLEX, 7 LODHI ROAD, NEW DELHI110003, REPRESENTED BY THE CHAIRMAN CUM MANAGING DIRECTOR

¶15

Page No.# 2/5

¶16

2:THE GENERAL MANAGER CEMENT CORPORATION OF INDIA LTD. P.O.-BOKAJAN DIST-KARBI ANGLONG ASSAM PIN-782490 3:THE EMPLOYEES PROVIDENT FUND ORGANISATION MINISTRY OF LABOUR AND EMPLOYMENT GOVT. OF INDIA BHAVISHYA NIDHI BHAWAN 14-BHIKAJI CAMA PLACE NEW DELHI-110066 REPRESENTED BY THE CENTRAL PROVIDENT FUND COMMISSIONE

¶17

Advocate for the Petitioner : MR A HUSSAIN, N HASAN,MR. B K SEN

¶18

Advocate for the Respondent : MR J ROY, MR. S K CHAKRABORTY

¶19

Linked Case : WP(C)/4110/2021

¶20

MS. LILI GOSWAMI W/O LATE PROFULLA GOSWAMI VILL-AMTENGA P.O.-BOKAKHAT DIST-GOLAGHAT ASSAM PIN-785612 VERSUS THE CEMENT CORPORATION OF INDIA AND 2 ORS. ( A GOVERNMENT OF INDIA ENTERPRISE) CEMENT CORPORATION OF INDIA LTD. CORE-5 SCOPE COMPLEX 7 LODHI ROAD NEW DELHI-110003 REPRESENTED BY THE CHAIRMAN CUM MANAGING DIRECTOR 2:THE GENERAL MANAGER

¶21

Page No.# 3/5

¶22

CEMENT CORPORATION OF INDIA LTD. P.O.-BOKAJAN DIST-KARBI ANGLONG ASSAM PIN-782490

¶23

3:THE EMPLOYEES PROVIDENT FUND ORGANISATION MINISTRY OF LABOUR AND EMPLOYMENT GOVT. OF INDIA BHAVISHYA NIDHI BHAWAN 14-BHIKAJI CAMA PLACE NEW DELHI-110066 REPRESENTED BY THE CENTRAL PROVIDENT FUND COMMISSIONER -----------Advocate for : MR. A GOGOI (LEGAL AID COUNSEL) Advocate for : MR. J.ROY (SC CCI) appearing for THE CEMENT CORPORATION OF INDIA AND 2 ORS.

¶24

BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

¶25

ORDER

¶26

17.07.2026

¶27

Heard Mr. B K Sen, laerend counsel for the petitioner. Also heard Mr. B P Sharma, learned counsel for the respondent Nos. 1 & 2 as well as Ms. A Chakraborty, learned counsel for the respondent No. 3.

¶28

2. By way of this interlocutory application, the applicant seeks substitution of the legal heirs of the deceased petitioner in the connected writ petition, on the ground that, pursuant to the death of the petitioner, Smti. Lili Goswami, on 21.04.2024, the right to sue survives.

¶29

3 . It appears that, during the pendency of the connected writ petition, the sole petitioner, Smti. Lili Goswami, expired. A copy of the death certificate evidencing her demise has been enclosed as Annexure-3 to the present interlocutory application.

¶30

Page No.# 4/5

¶31

4 . It further appears that the right to sue survives upon the legal heirs of the deceased petitioner. Accordingly, the present application has been filed seeking substitution of the deceased petitioner by her legal heirs.

¶32

5 . Learned counsel appearing for the respondents do not oppose the prayer made in the present interlocutory application.

¶33

6 . Having heard the learned counsels for the parties and upon perusal of the materials available on record, it appears that the deceased petitioner is survived by the following legal heirs:

¶34

(i) Sri Dipankar Goswami (Son);

¶35

(ii) Gitu Goswami Devi @ Gitu Devi (Daughter); and

¶36

(iii) Smti. Ritumani Goswami (Daughter).

¶37

7 . Considering that the right to sue survives, this Court is of the view that, in the interest of justice, the prayer for substitution deserves to be allowed. Accordingly, the application seeking substitution of the aforesaid legal heirs in place of the deceased petitioner, so as to enable them to prosecute the connected writ petition, is allowed.

¶38

8 . Accordingly, the above-named legal heirs of the deceased petitioner shall be impleaded as petitioners in the connected writ petition.

¶39

9 . Let an amended cause title be filed before the Registry within one week from today for carrying out the necessary corrections. Upon such filing, the Registry shall do the needful.

¶40

10 . With the above observations and directions, the instant interlocutory application stands allowed and disposed of.

¶41

Page No.# 5/5

¶42

JUDGE

¶43

Comparing Assistant

On the Death of Lili Goswami Her Legal Heirs Sri Dipankar Goswami and Ors. v. the Cement Corporation of India and Ors.

Case brief

What is this about?

What did the court decide?

On the Death of Lili Goswami Her Legal Heirs Sri Dipankar Goswami and Ors. v. the Cement Corporation of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Utpala Nath Ghose Vs the State of Assam and 3 Ors.

Kartick Sarkar Vs the Union of India and 4 Ors.

Gs 183761W Udc Sri Shashi Bhushan Pandey Vs the Union of India and 6 Ors.

Hazera Khatun Vs Jayant Narlikar, IAS

On the Death of, Sri Sarifat Ali, His Legal Heir Manjuwara E Khanum, Vs the State of Assam and 11 Ors.

Sri Bishal Jyoti Neog Vs the State of Assam